Justice Wajihuddin: The Supreme Court can declare void any provision which goes against the basic “spirit” of the constitution.
For the issue of determining the harmony between the original “spirit” of the constitution and any subsequent amendments, the issue of what constitutes as an amendment against the “spirit” of the constitution will always be contentious. Any interference by the Supreme Court in this matter can easily spark another political furor à la 1997. Despite this impending danger, I will reiterate that the 13th Amendment was a step towards restoring two provisions (Article 58 and 112) to their original form; one provision (Article 101-1) was partially altered; and the final provision (Article 243-2(c)) was amended for the first time albeit with the explicit approval and support of the PPP as well. Therefore, any attempt to thwart this amendment by the Supreme Court is manifestly against the Parliamentary consensus.
Justice Saeed-uz-Zaman Siddiqui: The Parliament alone can amend the constitution via recourse to the provisions laid out in Articles 238 and 239. Any attempt by the Supreme Court to interfere in this regard is outside its jurisdiction.
This is the non-controvertible and cleanest way to resolve the issue, but it needs the political will of the PPP which after the recent rift on the floor of the National Assembly, seems to be lacking. The notion that an excessively powerful Prime Minister cannot avoid a military coup d’état is correct, and we have two manifest examples of that in both 1977 and 99. At the same time, however, the balance of power between the President and the Prime Minister is not the confirmed model for stability, as evidenced in 1990, 93 and 96. By refusing to do anything about the Seventeenth amendment, the PPP is supporting the same provisions introduced by General Zia and Musharraf during their reign. Furthermore, many poor people are either illiterate or do not understand these intricate constitutional nuances; that should further clarify what is our current state as a nation.
In my opinion, the PPP is not willing to implement the CoD formula for the Seventeenth Amendment repeal. Actions speak louder than words, and so far, actions have remained silent. A national conference on the Baluchistan issue is the need of the moment.
Adv. AS: “Gen. Mushraff has entirely changed & turned the ’73 Constitution for performing his own Wrong Doings from the only Single Word ====CONSULTATION=== therefore, at once 17th Amendment appear into its Original Form, plus Appointment in COAS & other high profile Generals. AZ will never agree to return the same. By the way this word CONSULTATION not limited only for Appointment of Armed Forces Personnel this is APPLIED from A to Z the entire Federal Affairs whether appointment of Grade 22 Officer of any Government Secretariat or send to any person at abroad for Medical Treatment.”
Rtd. J-WA: To amend the Constitution this is not a Bona Fide Right of SC but SC do have the Genuine Right to declare any Amendment whether this is (In)Valid Amendment. In other words this is seen right after Observing Fundamental Rights plus Letter of Spirit – content is indicated that the same amendment was based to fulfill the ULTERIOR MOTIVES of someone who wanted to enjoy & gain more & more Power & Wealth as well, then SC can Interfere.”
Rtd. J-WA: Fully Endorsed Ali Ahmad Kurd Statement regarding PCO Judges as their own Unlawful Activities plus their own Poor Reputation to survive – do not allow to remain in their respective Cadre they must leave their offices if they are not, then SC itself kick them Out instead of to approach Supreme Judicial Council.
Rtd. J-SS: PPP want Balance of Empowerment in the power game of PM Authority which is indicating Mela-fide Intention of PPP.
Rtd. J-FGI: He endorsed the COD & insisted till to-date I am fail to understand why PPP is not ready to take the same seriously!
AAM said: Tawaqat kay Fauji Gens. Bureaucrats, Waderay. Chaudry & Giant Size Politicians will remain ABOVE THE ===LAW=== Yeh Sirf Batien hein Wooh bhi Barri Barri — Natija Lahsil Guftago – Waqti Touur Pur. In other words Achi Batien Apni Jagah Bananay Mein Bhuat Waqt Lagati Hein.
That’s exactly the dilemma, who ever want’s just do what ever he want’s to do! Gen Mush has mess up BIG time with the constitution, he shud be bring back to pak!
There is no doubt that the Pakistan Supreme Court can in theory declare any action of the Parliament, in this case amendments to the constitution, UNCONSTITUTIONAL. But it will open up such a can of worms which nobody will be able to control. But also if we will always be scared of this can of worms, we will get nowhere in our journey in today’s environment. We must once for all decide the form of government we wish to have in this country. There are 2 models in the parliamentary form of government.
One is the British/Indian model where the Prime Minister is all powerful and the Queen/President has just token powers which they even can’t think of using ever. The glaring example was Indian Military Action “BLUE STAR” in 1984 against the Sikh insurgents in the Golden Temple. And then Sikh President of India had to fully support it even if it was against his faith.
Second is the French model where the President is the all powerful institution and the Prime Minister is always subordinate to the President. But they function well within their own spheres without encroaching in each others territory.
This is such a touchy issue that no one wants to debate it. Whereas we require an in depth debate on this. And sooner we decide it the better it will be.
As far as the judicial involvement in this matter is concerned, I don’t think the present Chief Justice has stomach to even touch it, OR SHOULD HE TO BEGIN WITH!!!!!As far as the current crop of our parliamentarians is concerned, they are all CLOWNS. They don’t have their own thinking minds. All of them are there to please their party leaders and fill their pockets with the LOOT SALE OF PAKISTAN.
Comments welcomed. Please—-
That’s not a big news, I saw Gen Musharraf on Oxford Street, as he was hanging around with the copy of NRO deal and Picture of Benazir signing the deal and Zardari standing beside them. For me this was the best moment of my life and an excellent gift for me on her Birthday.
Could you please now tell me there are how many Shaheeeeeeeeds in Bhutto family.
Why don’t you frame that picture and post in your living/drawing room. Did you miss the picture in Pervaiz Musharraf’s hand where Qazi Hussain was signing the LFO and Mian Tufail Mohammad was conspiring with Ge. Zia and USA.
The whole nation is and always be grateful to Gen Zia for getting rid of Bhutto, because Bhutto broke Pakistan.
Mian Tuafail was physically abused by Bhutto FSF in Lahore Fort, and that’s why Bhutto got what he deserved.
Today’s news is that PM Yousuf Gillani has demanded a retrial of ZA Bhuttos case.
That’s fine, but when find guilty again, then Bhutto’s skeleton should be dug out and hanged again. All expenses of the case would be met by Bhuto family.
Saeed
EAst Pakistan was ( mentally)broken in 1950s and sixtees.Bhutto could do nothing Whole nation was against Mujeeburehman and he was called a traitor. Zia fucked tis nation by Hadood Ordiunance.What right he had to rule this country indefinitely. After Bhutto why did not hew hold elections. You are also brain washed like all Muslims ,jews ,christians who believe in religions created by Arab Reformers for their TIME i.e 14/1500 years back.
This episode of Meray Mutabiq was excellent.
Seventeenth Constitutional Amendment repeal.
Justice Wajihuddin: The Supreme Court can declare void any provision which goes against the basic “spirit” of the constitution.
For the issue of determining the harmony between the original “spirit” of the constitution and any subsequent amendments, the issue of what constitutes as an amendment against the “spirit” of the constitution will always be contentious. Any interference by the Supreme Court in this matter can easily spark another political furor à la 1997. Despite this impending danger, I will reiterate that the 13th Amendment was a step towards restoring two provisions (Article 58 and 112) to their original form; one provision (Article 101-1) was partially altered; and the final provision (Article 243-2(c)) was amended for the first time albeit with the explicit approval and support of the PPP as well. Therefore, any attempt to thwart this amendment by the Supreme Court is manifestly against the Parliamentary consensus.
Justice Saeed-uz-Zaman Siddiqui: The Parliament alone can amend the constitution via recourse to the provisions laid out in Articles 238 and 239. Any attempt by the Supreme Court to interfere in this regard is outside its jurisdiction.
This is the non-controvertible and cleanest way to resolve the issue, but it needs the political will of the PPP which after the recent rift on the floor of the National Assembly, seems to be lacking. The notion that an excessively powerful Prime Minister cannot avoid a military coup d’état is correct, and we have two manifest examples of that in both 1977 and 99. At the same time, however, the balance of power between the President and the Prime Minister is not the confirmed model for stability, as evidenced in 1990, 93 and 96. By refusing to do anything about the Seventeenth amendment, the PPP is supporting the same provisions introduced by General Zia and Musharraf during their reign. Furthermore, many poor people are either illiterate or do not understand these intricate constitutional nuances; that should further clarify what is our current state as a nation.
In my opinion, the PPP is not willing to implement the CoD formula for the Seventeenth Amendment repeal. Actions speak louder than words, and so far, actions have remained silent. A national conference on the Baluchistan issue is the need of the moment.
Adv. AS: “Gen. Mushraff has entirely changed & turned the ’73 Constitution for performing his own Wrong Doings from the only Single Word ====CONSULTATION=== therefore, at once 17th Amendment appear into its Original Form, plus Appointment in COAS & other high profile Generals. AZ will never agree to return the same. By the way this word CONSULTATION not limited only for Appointment of Armed Forces Personnel this is APPLIED from A to Z the entire Federal Affairs whether appointment of Grade 22 Officer of any Government Secretariat or send to any person at abroad for Medical Treatment.”
Rtd. J-WA: To amend the Constitution this is not a Bona Fide Right of SC but SC do have the Genuine Right to declare any Amendment whether this is (In)Valid Amendment. In other words this is seen right after Observing Fundamental Rights plus Letter of Spirit – content is indicated that the same amendment was based to fulfill the ULTERIOR MOTIVES of someone who wanted to enjoy & gain more & more Power & Wealth as well, then SC can Interfere.”
Rtd. J-WA: Fully Endorsed Ali Ahmad Kurd Statement regarding PCO Judges as their own Unlawful Activities plus their own Poor Reputation to survive – do not allow to remain in their respective Cadre they must leave their offices if they are not, then SC itself kick them Out instead of to approach Supreme Judicial Council.
Rtd. J-SS: PPP want Balance of Empowerment in the power game of PM Authority which is indicating Mela-fide Intention of PPP.
Rtd. J-FGI: He endorsed the COD & insisted till to-date I am fail to understand why PPP is not ready to take the same seriously!
AAM said: Tawaqat kay Fauji Gens. Bureaucrats, Waderay. Chaudry & Giant Size Politicians will remain ABOVE THE ===LAW=== Yeh Sirf Batien hein Wooh bhi Barri Barri — Natija Lahsil Guftago – Waqti Touur Pur. In other words Achi Batien Apni Jagah Bananay Mein Bhuat Waqt Lagati Hein.
That’s exactly the dilemma, who ever want’s just do what ever he want’s to do! Gen Mush has mess up BIG time with the constitution, he shud be bring back to pak!
There is no doubt that the Pakistan Supreme Court can in theory declare any action of the Parliament, in this case amendments to the constitution, UNCONSTITUTIONAL. But it will open up such a can of worms which nobody will be able to control. But also if we will always be scared of this can of worms, we will get nowhere in our journey in today’s environment. We must once for all decide the form of government we wish to have in this country. There are 2 models in the parliamentary form of government.
One is the British/Indian model where the Prime Minister is all powerful and the Queen/President has just token powers which they even can’t think of using ever. The glaring example was Indian Military Action “BLUE STAR” in 1984 against the Sikh insurgents in the Golden Temple. And then Sikh President of India had to fully support it even if it was against his faith.
Second is the French model where the President is the all powerful institution and the Prime Minister is always subordinate to the President. But they function well within their own spheres without encroaching in each others territory.
This is such a touchy issue that no one wants to debate it. Whereas we require an in depth debate on this. And sooner we decide it the better it will be.
As far as the judicial involvement in this matter is concerned, I don’t think the present Chief Justice has stomach to even touch it, OR SHOULD HE TO BEGIN WITH!!!!!As far as the current crop of our parliamentarians is concerned, they are all CLOWNS. They don’t have their own thinking minds. All of them are there to please their party leaders and fill their pockets with the LOOT SALE OF PAKISTAN.
Comments welcomed. Please—-
Where are AZ along with his Elite & Fauji General lovers?
It seems on Knock Out Basis the Match is going to award against the above mentioned.— Herat Hai Bahee!!!!!!!
BREAKING NEWS:
I met Mr. Javed Ch. as he was hanging around on Oxford Street London
@kashaf azim
That’s not a big news, I saw Gen Musharraf on Oxford Street, as he was hanging around with the copy of NRO deal and Picture of Benazir signing the deal and Zardari standing beside them. For me this was the best moment of my life and an excellent gift for me on her Birthday.
Could you please now tell me there are how many Shaheeeeeeeeds in Bhutto family.
Saeed Afzal,
Why don’t you frame that picture and post in your living/drawing room. Did you miss the picture in Pervaiz Musharraf’s hand where Qazi Hussain was signing the LFO and Mian Tufail Mohammad was conspiring with Ge. Zia and USA.
same old same tone of dr. masood, nothing new…
The whole nation is and always be grateful to Gen Zia for getting rid of Bhutto, because Bhutto broke Pakistan.
Mian Tuafail was physically abused by Bhutto FSF in Lahore Fort, and that’s why Bhutto got what he deserved.
Today’s news is that PM Yousuf Gillani has demanded a retrial of ZA Bhuttos case.
That’s fine, but when find guilty again, then Bhutto’s skeleton should be dug out and hanged again. All expenses of the case would be met by Bhuto family.
Saeed
EAst Pakistan was ( mentally)broken in 1950s and sixtees.Bhutto could do nothing Whole nation was against Mujeeburehman and he was called a traitor. Zia fucked tis nation by Hadood Ordiunance.What right he had to rule this country indefinitely. After Bhutto why did not hew hold elections. You are also brain washed like all Muslims ,jews ,christians who believe in religions created by Arab Reformers for their TIME i.e 14/1500 years back.
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